West Palm Beach Medical Malpractice Lawyers

People who suffer injuries or harm at the hands of their medical providers face immense challenges. They may suffer significant disabilities that impact their ability to work and take care of their families. They may be facing additional, extensive medical procedures to reverse the damage that has been done. Their lives may be changed forever. If you have been harmed as a result of medical malpractice, contact the West Palm Beach Medical Malpractice Lawyers at Liberman Cabrera Thompson & Reitman, PLLC today. 

How Florida Law Defines Medical Malpractice

Medical malpractice falls under the umbrella of personal injury. However, medical malpractice cases are one of these most challenging types of personal injury claims. This isn’t just because these cases involve confusing medical jargon or medical procedures that most lay people do not understand. 

What makes them so challenging is that they involve a very specific legal standard that is not present in any other personal injury claims. In most personal injury claims, you only have to prove that the other party was negligent in some way, and their negligence caused your injuries. Basic negligence is defined as the failure to take due care to avoid causing injuries to others as measured from the perspective of the reasonably prudent person. 

Medical malpractice are judged according to a different legal standard referred to as the “standard of care.” Determining the applicable standard of care in a particular case is difficult but also fundamental to getting the compensation you deserve. 

Determining the Standard of Care

The phrase “standard of care” suggests that there is a clearly formulated rule, but this is unfortunately not the case. Instead the standard of care is determined by identifying what a medical provider with the same training, education, and experience would do in the same case. It can also account for factors such as the complexity of the condition, where treatment was provided, and what resources were available. Here are some examples of how the standard of care can vary in a particular case: 

• A general practice physician may be held to a lower standard of care than a specialist. In a misdiagnosis claim, a failure to diagnose a subtle shoulder injury may not be considered medical malpractice for a general practitioner but may be for an orthopedist.  Florida requires expert testimony to establish the applicable standard of care for a healthcare provider.  Different statutes apply to general practitioners and specialists.  Navigating these distinctions in the law to ensure that the appropriate experts are providing testimony on the standard of care is both technical and complicated and can be grounds for dismissal of a victim’s claim.  We recommend speaking to an experienced medical malpractice attorney to avoid a problematic result.

Determining the standard of care is possibly the most important aspect of your claim, and it can be nearly impossible for non-lawyers to make this determination. If you have been harmed as a result of receiving medical treatment, the West Palm Beach medical malpractice lawyers at LCTR can review your case and determine whether your medical provider breached the standard of care.  

There Must Have Been a Breach of the Standard of Care 

Once you have identified the applicable standard of care, you must then be able to demonstrate that the care you received fell short of what would typically be provided. This element is comparable to proving that the other driver was negligent in a car accident case.  

What if I don’t know if my provider breached the standard of care and I just think they did?

This is a common concern for injured patients in medical malpractice cases. It is very difficult for patients to know whether the treatment they received met the standard of care. Do not assume that it did or that you do not have a claim just because it isn’t obvious. Instead, schedule a free consultation with the experienced West Palm Beach medical malpractice lawyers at LCTR – they will be able to determine whether your medical provider provided substandard treatment. 

What are examples of acts or errors that could lead to a medical malpractice claim?

Some common examples of acts or errors that suggest there has been a breach of the standard of care include the following: 

• Your provider failed to adequately monitor your vital signs.
• Your provider failed to respond appropriately to sudden complications.
• You experienced unanticipated side effects or complications.
• You suffered from a post-treatment infection.
• Your provider misdiagnosed your condition. 
• Your provider failed to order the appropriate tests.   

These are just a few examples. If you believe that something went wrong with your treatment, you should seek guidance from an experienced medical malpractice lawyer as soon as possible. 

Does the hospital tell me they made an error?

The hospital is not under any obligation to inform you that they made an error. However, often will disclose issues and mistakes but will try to minimize them or characterize them as unavoidable. You do not have to take their word for it. If you believe there was an error in the care you received, contact a medical malpractice attorney immediately. 

Patients in Florida have a Constitutional Right to be informed of Adverse Medical Incidents.  Amendment 7 to the Florida Constitution, passed in 2004, addresses issues related to the transparency of medical malpractice proceedings and the rights of patients in the context of medical malpractice claim. The amendment requires that healthcare providers disclose to patients any adverse medical incidents that occur. This includes events where there was a deviation from the standard of care or an error that had a significant impact on the patient’s health. The aim is to promote transparency and ensure that patients are informed about significant medical events related to their care.  Since the passage of the Amendment, Hospitals and health care providers have attempted to avoid these disclosure requirements by classifying “adverse medical incidents” as “Patient Safety and Quality Improvement” (PSQIA) Data.  Reclassifying adverse medical incidents as PSQIA allows hospitals and healthcare providers to subvert the intent of Amendment 7 and claim that these incidents are confidential, shielding them from disclosure. 

The Breach Must Have Resulted in Injury

In order to pursue a medical malpractice claim, you must be able to demonstrate that the breach caused you harm. The fact that your doctor provided substandard care is not enough to pursue a claim if you did not suffer some kind of injury as a result of the medical malpractice. Injuries or harms that can give rise to a medical malpractice claim can include the need for additional treatment, unexpected temporary or permanent disabilities, or late diagnosis of a medical condition that could have been treated earlier. 

Your Injury Must have Created Significant Damages

You also need to be able to prove that you have suffered significant economic and non-economic losses that you would not have suffered but for the malpractice. A difficult recovery after surgery may not be enough to pursue a medical malpractice claim unless you can prove that you suffered far greater losses as a result of the malpractice than you would have had you suffered proper care.  

What are examples of damages?

Damages are broken into two categories: 

• Economic damages. Economic damages include things like your medical bills and lost wages. These include any financial losses that can be reduced to a specific dollar amount. Note that you may be entitled to future medical expenses and future lost wages or lost earning capacity. 
• Non-economic damages. Non-economic damages include non-financial losses such as your pain and suffering, loss of companionship, or loss of support. These losses are considered to be subjective and can be difficult for not lawyers to calculate. 

If you have been injured as a result of medical malpractice, you deserve to be made whole so that you can pay your bills and move on with your life. To make sure you get the damages you deserve, contact the West Palm Beach medical malpractice lawyers at LCTR.

Misdiagnosis of West Palm Beach Residents

With most medical conditions, a timely diagnosis is critical to getting the treatment the patient deserves. Misdiagnosis is one of the most common types of medical malpractice. This can include diagnoses that are unreasonably delayed or failures to make any diagnosis at all. 

Unneeded Surgery Recommendations

Surgery is one of the most invasive types of medical treatments and should only be recommended when absolutely necessary. In addition, doctors are required to disclose alternative treatments to their patients. If you underwent an unnecessary surgery, you may be able to pursue a medical malpractice claim. 

Surgical Errors in Florida

Surgical errors can include performing the wrong procedure or operating on the wrong part of your body. It can also include things like leaving instruments or materials inside of you or causing damage to surrounding tissues and organs. We recommend that you talk to our West Palm Beach medical malpractice lawyers if you are the victim of a surgical error.  

About Birth Injuries in West Palm Beach Hospitals

Childbirth is one of the most common sources of medical malpractice claims. Doctors and medical staff have to pay close attention to the mother’s health and the baby’s vital signs to ensure the birthing process proceeds smoothly. 

Cerebral Palsy

While some cases are the result of genetic issues, many cases of cerebral palsy are believed to be caused by errors during the childbirth. It can be caused by errors such as failure to perform a timely C-section, failure to monitor the baby’s vital signs, and failure to respond appropriately to signs of fetal distress. 

Erb’s Palsy

Erb’s palsy is paralysis of the hand or arm resulting from damage to the brachial plexus. It is typically caused by the use of excessive force by the doctor or nurses during delivery. 

Injuries to Mom During Childbirth

Mothers can also suffer injuries during delivery including pelvic floor damage, lumbosacral plexus injuries, femoral nerve dysfunction, and perineal tears. If you have suffered any of these injuries, you may be entitled to compensation.  

Permanent Scarring/Deformity from Equipment Use

Difficult deliveries can require the use of forceps, vacuum extractors, and physical force in order to deliver the child. Unfortunately, improper use of birthing devices or the use of excessive force can result in serious injuries to the mother or child. Reach out to our West Palm Beach medical malpractice lawyers if you or your child have suffered permanent scarring or disfigurement from improper use of birthing equipment. 

About the Birth-Related Neurological Injury Compensation Association (NICA)

NICA is an organization created by Florida law that helps adults and children who were injured at birth that have neurological injuries. NICA provides compensation for qualifying neurological injuries and mental disabilities so that children and adults can get the care they need and a quality of life they deserve.    

Answering Your Questions

Patients who have been harmed as a result of medical malpractice questions are often overwhelmed with questions. Whatever questions you have, the West Palm Beach medical malpractice lawyers from LCTR can get you the answers you need. 

Can you sue a doctor for misdiagnosis?

Misdiagnosis cases are one of the most common types of medical malpractice claims. This can include cases where the doctor diagnosed you with the wrong condition, failed to make any diagnosis at all, or your diagnosis was unreasonably delayed. If your doctor failed to meet the standard of care in making a proper diagnosis, you may be able to sue them for medical malpractice. 

It is important to note, however, that some misdiagnosis cases are the result of lab errors. These errors can include failure to follow testing protocols, transmitting the wrong results, contamination of the lab samples, using improperly calibrated equipment, or simply administering the test incorrectly. In these instances, you may need to pursue your claim against the lab. Whatever the case may be, our West Palm Beach medical malpractice lawyers have the knowledge and experience necessary to identify who was at fault and hold the appropriate parties accountable.  

Do my physicians always need to provide informed consent?

The short answer to this question is yes. The only exceptions to this rule are in medical emergencies or if you are unconscious. However, Doctors and other medical providers can still be liable for medical malpractice even if they were excepted from the requirement to obtain informed consent. 

What if I wasn’t technically injured, but I don’t like the results of my surgery?

You cannot sue your surgeon if you are unhappy with the results of your surgery or even if your surgery was unsuccessful. You need to be able to prove that your surgeon failed to meet the standard of care and that it resulted in some harm or injury. There is an important exception, however. 

You may be able to pursue a medical malpractice claim if your medical provider guaranteed specific results. In other words, your medical malpractice claim would be based on a breach of contract or warrant theory rather than the fact that the doctor failed to meet the standard of care. For example, if a plastic surgeon promised that you would look a certain way or if a surgeon promised that you would regain 100% use of an injured limb, you may be able to sue them for medical malpractice. 

Medical malpractice cases based on breach of contract or warranty are arguably more challenging than cases where the patient suffered some harm or injury. As a result, we encourage you to speak with the West Palm Beach medical malpractice lawyers at 

How much does a medical malpractice claim cost? 

The actual cost of a medical malpractice will vary according to a variety of factors such as the severity of the injuries suffered by the patient and the complexity of the case. Many cases require the assistance of medical experts who bill on an hourly basis to provide their medical opinion on whether malpractice occurred. Your case will also become significantly more expensive if it has to go to litigation. 

Fortunately, the West Palm Beach medical malpractice lawyers at LCTR work on a contingency fee basis. This means that you do not pay any fees unless you receive compensation. In addition, you do not pay any fees or costs upfront or out of pocket. We receive our fees as a percentage of the compensation you receive. This allows you to get the legal representation you need without having to pay expensive legal fees while you may be unable to work. 

Learn How Our West Palm Beach Medical Malpractice Lawyers Can Help You

The first step in putting your injuries behind you is to understand your options and how an experienced medical malpractice attorney can help. Contact us today to schedule a free consultation.